Loading...
HomeMy WebLinkAboutPC Reso 10-2678RESOLUTION NO. 10- 2678 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING SITE PLAN REVIEW NO. 09-71, AN APPLICATION COMPRISED OF OPTIONS "1" AND "2" THAT INVOLVES THE DESIGN AND ONSITE IMPROVEMENTS OF A SIX -STORY, 50 -UNIT MULTI -FAMILY AFFORDABLE APARTMENT PROJECT LOCATED AT 8314 2ND STREET, ZONED DOWNTOWN SPECIFIC PLAN THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that: A. National Community Renaissance (the Applicant) filed a petition seeking approval of Site Plan Review Application No. 09-71, a request comprised of two (2) alternatives, Options 1" and "2," to consider the design and onsite improvements of a 6 -story, 50 -unit multi -family affordable apartment development on the .52 -acre site at 8314 2nd Street. The two options differ principally in regards to parking arrangements. Parking for Option "1" is provided onsite, while parking for Option "2" is provided onsite, as well as an offsite location within 200 feet of the project site. B. The Applicant also filed Density Bonus Application No. 09-72 in conjunction with the site plan review application. The density bonus application is a request to grant the project a density bonus of eleven (11) apartment units above the project site's allowable 39 dwelling units, thus increasing the project's quantity from 39 to 50 units. The density bonus application also includes requests for two regulatory concessions: Requests to increase the percentage of compact parking spaces from 15 percent to 25 percent (Option 1"), and reduce the parking requirement from 1.5 spaces per unit to one (1) space (Option "2"). C. The .52 -acre (22,540 square feet) project site is zoned Downtown Specific Plan and designated "Mixed Use" on the General Plan's land use diagram. D. The Los Angeles County Tax Assessor's Office identifies the project site as assessor parcel numbers 6254-020-914 and 6254-020-902. E. The Planning Commission held a duly -noticed public hearing on October 20, 2010 and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 10-2678, approving Site Plan Review No. 09-71. SECTION 2. Having considered all of the oral and written evidence presented to it at said public hearing, the Planning Commission further finds, determines and declares that: A. That the site plan is consistent with the goals and policies embodied in the General Plan and other applicable plans and policies adopted by the Council. Site Plan Review No. 09-71 is a request to develop a 6 -story apartment project with 50 units for income -restricted households. The application consists of two (2) alternatives --Options "1" and "2"—which primarily differ in regards to their parking arrangements. Parking for Option 1" will be provided onsite and occupy the Resolution No. 10-2678 Planning Commission building's ground and subterranean levels. Option "2" will also provide parking on the ground level, but does not include a subterranean level. Rather the ground level will accommodate 51 spaces, while the balance, approximately 50 spaces, will be provided at an offsite location within 200 feet of the project site. Option "2" also includes providing a minimum of 44 public spaces offsite, also within 200 feet of the project site, to offset the public spaces that the project will displace. The project site, as well as offsite parking areas, is located in Downtown Downey and developing either alternative will implement a General Plan policy and program that encourages the development housing Downtown. Specifically, General Plan Policy 1.2.2 states, Focus on areas where implementing the livable community concepts are most likely to have the most impact to set a catalyst for similar projects elsewhere in the City. According to the General Plan, Downtown Downey is one of the three areas in the community that's designated "Mixed Use" and it's an area where implementing the livable community concepts will have the biggest impact due to its location and development pattern. For example, developing alternative project types such as residential projects adjacent to commercial uses will create a more livable community. Doing so will reduce the dependency on cars by providing convenient access to jobs, services and dwelling units. Reducing the use of cars will also lead to a reduction in the number of vehicle miles traveled, which reduces traffic congestion and the effects of worsening air quality. The General Plan Program that project development will implement is Program 1.2.2.3, which states, Promote housing, mixed use housing, and other land uses that will generate nighttime pedestrian traffic in the Downtown. Developing either option will also implement the following Housing Element goal and policy: Goal 2: Encourage a variety of housing types and adequate supply of housing to meet the existing and future needs of city residents. Policy 2.2: Encourage infill development and recycling of land to provide adequate residential sites. B. That the proposed development is in accordance with the purposes and objectives of this article and the zone in which the site is located. As described previously, the project site is in Downtown Downey. The contemplated project is a 6 -story building housing 50 affordable dwelling units with 100 parking spaces. The Downtown Specific Plan serves as the zoning ordinance for the site and its intent is to pull Downtown together by creating a distinct and inviting district. Another purpose is to induce Downey residents and others to return Downtown by introducing interesting and entertaining elements, such as residential and retail uses, restaurants and entertainment activities. Moreover, the City's evaluation of the project indicates that it meets the intent of the specific plan. That is, it will return people Downtown by increasing its permanent population; estimates indicate that approximately 187 people will reside at the project [average family size: 3.74 (U.S. Census Bureau 2008) multiplied by 50 units]. C. That the proposed development's site plan and design features, including architecture and landscaping, will integrate harmoniously and enhance the character and design of the site, the immediate neighborhood and the surrounding areas of the City. Contemporary describes the project's architectural style and its elevations depict an attractive building, and that includes Options "1" and "2," that features two well-designed landscape amenities—a podium courtyard and a roof garden—which together total 7,050 square feet. Moreover, the proposed project represents a dramatic improvement compared the site's existing improvements. It currently supports a 2 -story 35,720 square foot commercial building that was Site Plan Review No. 09-71 — National CORE Page 2 Resolution No. 10-2678 Planning Commission constructed in 1951; the building has a dated appearance and has been vacant for approximately four years. The project site is located in Downtown Downey, which is transitioning into a more urban district, and the design and scale of the proposed project is well suited for the affected site and will be compatible with the neighboring properties' uses and improvements. D. That the site plan and location of the buildings, parking areas, signs, landscaping, luminaries and other site features indicate that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effects of the development from the view of the public streets. The project's contemplated architectural style illustrates that consideration was given to the visual effects of the project from the view of adjacent public streets. The project as noted is a 6 -story building with its highest features measuring 73'-6" above finished grade. Given its height, the project will not only be visible to its neighboring 2nd Street properties, but a number of nearby streets. Nonetheless, the project is well designed so it will have a beneficial visual effect on passing street traffic. Further, the spatial design of the components that comprise the site plan indicate that consideration was given to the project's functional aspects, such as pedestrian and vehicular circulation. Specifically, pedestrian and vehicular conflicts are unlikely to occur because the entrances to each mode are located at opposite ends of the building, or at separate locations, as is the case with Option "2". Lastly, the project's landscape features are planned for the areas that will provide tenants with the greatest benefit; the building's massing shields tenants from traffic and pedestrian traffic and creates private landscape space. E. That the proposed development will improve the community appearance by preventing extremes of dissimilarity or monotony in new construction or in alterations of facilities. The development proposal consists of two options; still, the buildings' elevations are nearly the same in both cases and Contemporary describes the proposed architectural style. The primary difference between the two is their parking arrangement and a few interior differences, such as the location of the community room and the location of the roof top garden. The alternatives' elevations depict a handsome building that uses a number of design elements to achieve that effect. They include providing a generous amount of articulation, using both symmetrical and asymmetrical design principles, using both horizontal and vertical elements as accent features and providing a large number of windows and glass balcony doors. Also adding to the appearance is an interesting mix of exterior building materials with contrasting finishes and colors. In regards to a design style applied to neighboring developments, there are a number of recently - built or pending projects that incorporated Contemporary as their architectural style (i.e., Fresh & Easy Market, Porto's Bakery, Myrtle Plaza, and Downey Gateway and Downey Dental projects). Yet, even though the proposed project and neighboring developments have incorporated one version or another of the Contemporary architectural style, there is still a marked difference between them, which results in each having its own unique style. It's also worth noting that although the project's design is different in comparison to surrounding developments, it can not be considered extreme. Site Plan Review No. 09-71 - National CORE Page 3 Resolution No. 10-2678 Planning Commission F. That the site plan and design considerations shall tend to upgrade property in the immediate neighborhood and surrounding areas with an accompanying betterment of conditions affecting the public health, safety, comfort, and welfare. Developing either option as proposed will have a positive impact on neighboring properties and their occupants. Future tenants will support downtown businesses by purchasing goods and services, plus they'll help increase its activity levels. Moreover, the development proposal represents a marked change for the better with respect to aesthetics in comparison to the affected site's existing improvements. A 2 -story commercial building that has been vacant for approximately four years occupies the site to date; it was built in 1951 and designed as a single -purpose building for telephone switching equipment so it is difficult to re -purpose. The contemplated project on the other hand is an attractive building that will provide housing for about 187 people. G. That the proposed development's site plan and its design features will include graffiti -resistant features and materials in accordance with the requirements of Section 4960 of Chapter 10 of Article IV of this code. The conditions of approval for Site Plan Review No. 09-71 will include a condition, which states the development's site plan and design features will incorporate graffiti -resistant materials. SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this resolution, the Planning Commission hereby approves Site Plan Review Application No. 09-71, subject to the Conditions of Approval attached hereto as Exhibit A. SECTION 4. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 201h day of October, 2010 Louis Morales, /Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof held on the 20th day of October, 2010 by the following vote, to wit: AYES; COMMISSIONERS: Murray, Kiefer, Lambros, Morales ABSENT: COMMISSIONERS: None NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONER: Vasquez ,16 Q f L1 R'70_.(Li_a-C Theresa Donahue, Secretary City Planning Commission Site Plan Review No. 09-71 — National CORE Page 4 Resolution No. 10-2678 Planning Commission EXHIBIT A ---Conditions of Approval Site Plan Review Application No. 09- 71 PLANNING DIVISION Site Plan Review No. 09-71 is an application involving the design and onsite improvements of a 6 -story, 50 -unit multi -family affordable apartment development that consists of two alternatives, Options "1" and "2", as shown on the approved plans dated October 10, 2010. The 6 -story buildings accompanying each are nearly the same, except for their parking arrangements. Both options will provide 100 project parking spaces. Option "1" will provide 100 spaces onsite (i.e., ground level and subterranean level parking), whereas Option "2" will provide 51 onsite spaces, while the balance will be provided offsite, but within 200 feet of the project site. Deviations or exceptions from the plans for Options "1" and "2" shall not be permitted without the approval of the City Planning Commission. 2. The Planning Commission shall retain jurisdiction to amend or add conditions with a public notice and public hearing to assure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and to protect the health, safety and welfare. 3. All conditions of Site Plan Review No. 09-71 shall be complied with before this site plan review application becomes valid. 4. If City approval is contingent upon any changes to the application's plans as submitted, the Applicant shall submit three (3) copies of the revised plans, incorporating all approved amendments, overlays, modifications, etc. to the Planning Division prior to the issuance of building permits. 5. The applicant shall submit landscape and hardscape plans, prepared by a licensed landscape architect licensed in the State of California, to the Planning Division Staff for review and approval and the plans shall be implemented before the City Staff issues the Certificate of Occupancy for the project. 6. The Applicant shall be assessed a fee for the acquisition of artwork based on the total building valuation, pursuant to the Art in Public Places Ordinance. The fee shall be one percent (1%) of the building valuation as computed using the latest building valuation data as established by the City of Downey Building Official. The maximum fee will be set at one hundred and fifty thousand dollars ($150,000.00). Where the installation of art is impractical or inaccessible onsite, the Applicant will contribute the assessed fee to the Art in Public Places Fund. 7. The applicant shall incorporate anti -graffiti elements into the building's design, such as non -porus coatings on exterior wall surfaces, plant materials, and anti -graffiti film on windows, subject to the approval of the City Planner. 8. Site Plan Review Application No. 09-71 shall not become effective until the City Council approves Density Bonus Housing Application No. 09-72. 9. Tandem parking spaces developed for Option "1" shall be assigned to a single unit. Site Plan Review No. 09-71 — National CORE Page 5 Resolution No. 10-2678 Planning Commission 10. For Option "2," the applicant shall provide 51 onsite ground -level parking spaces, plus another 49 spaces at an offsite location within 200 feet of the project site. The offsite spaces shall be available for project parking (i.e., tenant and guest parking) before the City issues the Certificate of Occupancy for the 6 -story, 50 -unit apartment project. 11. For Option "2," the applicant shall develop a minimum of 44 public parking spaces at an offsite location that is within 200 feet of the project site. The offsite public spaces shall be available before the City issues the Certificate of Occupancy for the 6 -story, 50 -unit apartment project.. BUILDING & SAFETY DIVISION 12. A separate sewer line shall be constructed to the building to the standards of the City Engineering and Building and Safety Divisions or a sewer covenant shall be recorded with the Los Angeles County recorder and a copy filed with the City Planning Division. 13. The owner/applicant shall install all electrical and telephone utilities underground. 14. Obtain all necessary plan approvals and permits. 15. The project shall be designed per the 2007 California Codes, including Title 24 Energy and Accessibility Codes. PUBLIC WORKS-- UTILITIES 16. The owner/applicant shall provide that the standards of improvements, construction materials, and methods of construction shall be in conformance with the Standard Plans and Specification for Public Works Construction and as modified by the City of Downey's Standard Plans and Specifications. 17. The owner/applicant shall install all utilities underground. 18. The owner/applicant shall furnish and install a new (min. 1 -inch) dedicated potable water service line, meter, and meter box. 19. The owner/applicant shall furnish and install a (min. 1 -inch) dedicated water service line, meter, and meter box for the landscaping irrigation system. 20. The owner/applicant shall furnish and install backflow device(s) in accordance with the Department of Public Works and the State and County Department of Health Services requirements. 21. The owner/applicant shall confirm availability of adequate fire flow and pressure in accordance with the Department of Public Works and Downey Fire Department requirements. 22. The owner/applicant shall furnish and install the public potable water improvements, including extension and/or replacement of existing mains and Site Plan Review No. 09-71 — National CORE Page 6 Resolution No. 10-2678 Planning Commission associated facilities, necessary to provide adequate fire flow and pressure to the site. 23. The owner/applicant shall furnish and install fire hydrant(s) and dedicated fire protection lateral(s) including backflow devices, fire department connections and other appurtenances as required by the Department of Public Works and the Downey Fire Department. Such improvements may include removal and/or replacement of existing fire hydrants, laterals, backflow devices, and associated facilities with new facilities to current Downey standards and materials. Backflow devices, fire department connections, and associated appurtenances are to be located on private property and shall be readily accessible for emergency and inspection purposes. 24. The owner/applicant shall provide and record utility easement(s) for access to, and inspection and maintenance of, public water lines, meters and appurtenances, and backflow devices. 25. The owner/applicant shall furnish and install sanitary sewer lateral(s) and associated facilities within the public right of way in accordance with the requirements of the Department of Public Works. 26. The owner/applicant shall identify the point(s) of connection for the sanitary sewer lateral(s) and confirm that sufficient capacity exists in the publicly owned facilities in conformance with the requirements of the Department of Public Works and the County Sanitation Districts of Los Angeles County (CSDLAC). 27. The owner/applicant shall furnish and install the public sanitary sewer improvements, including extension and/or replacement of existing mains and associated facilities, necessary to provide adequate capacity for the site as approved by the Department of Public Works and CSDLAC. 28. The owner/applicant is responsible for coordinating with, and payment(s) to the City and CSDLAC for all sanitary sewer connection and capacity charges. 29. The owner/applicant shall obtain all necessary plan approvals and permits.. 30. The owner/applicant shall provide improvement plan mylars, record drawing mylars, and record drawing digital (AutoCAD — latest edition) files in accordance with the requirements of the Department of Public Works that have been signed by a civil engineer licensed in the State of California. Final approval of new utilities shall be dependent upon submittal and approval of record drawing mylars and scanned, uncompressed TIFF images of record drawings on a CD/DVD-ROM media per City's GIS Requirements. 31. Utility plans shall be submitted to and approved by the Department of Public Works prior to the issuance of the grading plan permit. Site Plan Review No. 09-71 — National CORE Page 7 Resolution No. 10-2678 Planning Commission 32. The project shall be designed per the 2007 California Codes, including Title 24 Energy and Accessibility Codes. PUBLIC WORKS -- ENGINEERING 33. The owner/applicant shall execute a public street agreement for the future improvements along Second Street to the standards of the City Engineering Division. 34. The owner/applicant hereby consents to the annexation of the property into the Downey City Lighting Maintenance District in accordance with Division 15 of the Streets and Highways Code, and to incorporation or annexation into a new or existing Benefit Assessment or Municipal Improvement District in accordance with Division 10 and Division 12 of the Streets and Highways Code and/or Division 2 of the Government Code of the State of California. 35. The owner/applicant shall construct the following roadway improvements: a. Ornamental street lights b. construction of parkway landscape C. Installation of street trees 36. The owner/applicant shall install all utilities underground. 37. Show refuse/recycle enclosure specifications (location, size). 38. The owner/applicant shall be required to complete a construction & demolition (C&D) waste management plan per Article V, Chapter 8 of the Downey Municipal Code. 39. The owner/applicant shall submit an engineered grading plan and/or hydraulic calculations and site drainage plan for the site (prepared and sealed by a registered civil engineer in the State of California) for approval by the Engineering Division and Building and Safety Division. All lot(s) shall not have less than one (1 %) percent gradient on any asphalt or non -paved surface, or less than one quarter (1/4%) percent gradient on any concrete surface. Provide the following information on plans: topographic site information, including elevations, dimensions/location of existing/proposed public improvements adjacent to project (i.e. street, sidewalk, parkway and driveway widths, catch basins, pedestrian ramps); the width and location of all existing and proposed easements, the dimensions and location of proposed dedications; (for alley dedications, show elevations of the four corners of the dedication and centerline of alley, existing and proposed underground utility connections); the location, depth and dimensions of potable water, reclaimed water and sanitary sewer lines; chemical and hazardous material storage, if any, including containment provisions; and the type of existing use, including the gross square footage of the building, and its disposition. 40. The owner/applicant shall construct/install curb, gutter, sidewalk, disabled ramps, portland cement concrete driveway approaches, thee (3) (24 -inch box with 2 -inch diameter trunk) street trees, and pavement along property frontage to the standards of the Department of Public Works. Broken, uneven, or sub -standard Site Plan Review No. 09-71 — National CORE Page 8 Resolution No. 10-2678 Planning Commission curb, gutter, sidewalk, driveway, disabled ramps and pavement, shall be replaced to the satisfaction of the Public Works Department. Contact the Public Works Inspection Office at (562) 904-7110 to have these areas identified just prior to initiating a grading plan. The owner/applicant shall obtain all necessary plan approvals and permits and shall provide that the standards of improvements, construction materials, and methods of construction shall be in conformance with the Standard Plans and Specification for Public Works Construction and as modified by the City of Downey's Standard Plans and Specifications. 41. All driveway approaches shall be as wide as the driveway or parking aisle they serve. All unused driveways shall be removed and reconstructed with full -height curb, gutter and sidewalk. 42. The owner/applicant shall install pavement, which consists of a minimum section of 4" thick aggregate base, and a minimum 2-1/2" thick asphalt concrete pavement. 43. The owner/applicant shall comply with the National Pollutant Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act; the General Construction Activities Stormwater Permit (GCASP) of the State Water Resources Control Board; the Standard Urban Stormwater Mitigation Plan (SUSMP); and Ordinance 1142 of the Downey Municipal Code (DMC). Furthermore, the owner/applicant shall provide a design that conveys all onsite drainage over a vegetative swale a minimum distance of 20 feet and retain the first 0.75 inches of drainage onsite using either surface detention basins or below grade facilities with flow in excess of the first 0.75 inches allowed to overflow by underground drains to an existing Los Angeles County Public Works storm drain so as to comply with the requirements of the Standard Urban Stormwater Mitigation Plan (SUSMP) and Municipal Separate Storm Water System; and is required to Certify and append Public Works standard "Attachment A" to all construction and grading plans as required by the LACoDPW Stormwater Quality Management Plan (SQMP). 44. The owner/applicant shall install a sewer main and sewer lateral to the front property line and shall provide that the design and improvements of sewers shall be to the standards of the City Engineering Division. Septic systems are not acceptable. 45. The owner/applicant shall provide that all construction graffiti created as part of this project in the public right of way to be removed. 46. The owner/applicant shall provide that no easements of any type be granted over any portion of the subdivision to any agency, utility or organization (private or public), except to the City of Downey prior to recordation of the tract map. The owner/applicant shall grant easements in the name of the City shall include: a. Vehicular easements b. Walkway easements C. Drainage easements d. Utility easements FIRE DEPARTMENT 47. Downey Municipal Code Section 3320 (Over 55 feet) Site Plan Review No. 09-71 — National CORE Page 9 Resolution No. 10-2678 Planning Commission A. NFPA 101 "Life Safety Code" Compliance. All buildings having floors used for human occupancy located more than fifty-five feet (55') above the lowest level of Fire Department vehicle access are considered high-rise buildings. Campus Facilities and "Special Structures" as addressed in NFPA 101, are facilities which include open structures, towers, water -surrounded structures, piers, underground and windowless structures, high-rise buildings, membrane structures, tents, covered mall buildings or traditional occupancies that are located in special or unusual structures, shall conform to the requirements of this section in addition to other recognized codes and standards. 48. Mains and Hydrants A. Mains and hydrants shall be in service prior to combustible building material being allowed on site. B. Hydrant spacing shall not exceed 300 feet for industrial, commercial, high density or multi -unit residential areas. 180 feet is the maximum distance from any point on street or frontage to a hydrant. C. Hydrants located on the opposite side of streets over 80 feet in width shall not be used to satisfy the requirements for hydrant spacing. D. Additional public hydrants may be required depending upon required fire flows, street width, center dividers or other physical barriers, existing or anticipated traffic volume. E. The required fire flow for the building or facility will be determined by the Downey Fire Department using the California Fire Code (CFC) Appendix III -A. 49. Fire Department Access Roads A. Fire apparatus access roads are required for every facility, building or portion of a building when any portion of the facility or any portion of the first story is located more than 150 feet from the fire apparatus access as measured by an approved route and around the exterior of the facility or building. B. Access to construction sites with combustible materials on site shall be provided with an "all weather" surface complying with the requirements for fire lanes. C. An all weather road can consist of a compacted base of crushed granite (or equivalent) of sufficient thickness capable of supporting heavy fire apparatus (20 tons). The material should be laid on dry, undisturbed or compacted soil. D. Dead ends. Access roads greater than 150 feet in length shall have an approved means for turning around fire apparatus. (See Appendix A) E. Fire department Knox Box system shall be installed. 50. Fire Protection Systems (Under 55 feet) See CFC Article 10 A. An Automatic Fire Extinguishing System shall be installed throughout in accordance with NFPA 13. Site Plan Review No. 09-71 — National CORE Page 10 Resolution No. 10-2678 Planning Commission B. Class I Automatic Wet Standpipe System shall be installed. C. Fire protection systems, including sprinklers, standpipes, fire extinguishing system and fire alarm systems shall be reviewed by the Fire Department and require a City of Downey Fire Permit. 51. Fire Alarm Systems See CFC Article 10 A. All sprinklered buildings must be protected with an approved fire alarm system. Sprinklered and non-sprinklered buildings required to have an approved fire alarm system must provide for the alerting of ALL occupants of the building; visible devices must be provided at each audible device in areas as determined by the Chief. Smoke detection shall be installed below all finished ceilings and in accordance with recognized standards and manufacturers specifications. i. Plans to be submitted through Building and Safety and shall comply with 2007 California Fire Code, 2007 California Building Code, current Downey Municipal Code Ordinances and any other pertinent requirements to be determined at time of plan submission and review. 52. Elevators A. Elevators installed in building(s) as required by the Building Department shall be appropriately sized to accommodate both emergency medical staff (minimum of three (3) persons plus patient) and associated local emergency equipment such as gurneys and medical supplies, as described in Section 3002.4 of the 2007 California Building Code. (Ord. 1224 § 3, adopted 12-14-07) 53. Requirements for In Building Communication System A. Except as otherwise provided, no person shall erect, construct, change the use of or provide an addition of more than twenty percent (20%) to any building or structure or any part thereof, or cause the same to be done which fails to support adequate radio coverage for the City of Downey radio communications system, including but not limited to firefighters and police officers. In -building communications will be provided for all subterranean structures constructed after passage of the ordinance codified in this chapter. For purposes of this section, adequate radio coverage shall include all of the following: 1. A minimum signal strength of -95 dbm available in ninety percent (90%) of the area of each floor of the building when transmitted from the closest City of Downey radio communications system site; 2. A minimum signal strength of -95 dbm received at the closest City of Downey radio communications system site when transmitted from ninety percent (90%) of the area of each floor of the building; 3. The frequency range which must be supported shall be the current band of frequencies used by the City of Downey; and 4. A One Hundred Percent (100%) Reliability Factor. When measuring the performance of a bi-directional amplifier, signal strength measurements are Site Plan Review No. 09-71 — National CORE Page 11 Resolution No. 10-2678 Planning Commission based on one input signal adequate to obtain a maximum continuous operating output level. 54. Amplification Systems Allowed. Buildings and structures which cannot support the required level of radio coverage shall be equipped with any of the following in order to achieve the required adequate radio coverage: a radiating cable system or an internal multiple antenna system with or without FCC type accepted bi- directional 800 MHz amplifiers as needed. If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operating on an independent battery and/or generator system for a period of at least twelve (12) hours without external power input. The battery system shall automatically charge in the presence of an external power input. If used, bi- directional amplifiers shall include filters to reduce adjacent frequency interference. These filters shall be tuned so that they will be 35 dbm below the City of Downey frequencies. 55. Testing Procedures. A. Acceptance Test Procedure. When an in -building radio system is required, and upon completion of installation, it will be the building owner's responsibility to have, the radio system tested to ensure that two-way coverage on each floor of the building is a minimum of ninety percent (90%). Each floor of the building shall be divided into a grid of approximately twenty (20) equal areas. A maximum of two (2) nonadjacent areas will be allowed to fail the test. In the event that three (3) of the areas fail the test, in order to be more statistically accurate, the floor may be divided into forty (40) equal areas. A maximum of four (4) nonadjacent areas will be allowed to fail the test. After the forty (40) area test, if the system continues to fail, it will be the building owner's responsibility to have the system altered to meet the ninety percent (90%) coverage requirement. The test shall be conducted using a Motorola MTS 2000, or equivalent, portable radio, talking through the City of Downey radio communications system as specified by the authority having jurisdiction. A spot located approximately in the center of a grid area will be selected for the test, then the radio will be keyed to verify two (2) way communications to and from the outside of the building through the City of Downey Radio Communications System. Once the spot has been selected, prospecting for a better spot within the grid area will not be permitted. 1. The gain values of all amplifiers shall be measured and the test measurement results shall be kept on file with the building owner so that the measurements can be verified each year during the annual tests. In the event that the measurement results become lost, the building owner will be required to rerun the acceptance test to reestablish the gain values. 2. As part of the installation, a spectrum analyzer or other suitable test equipment shall be utilized to insure that spurious oscillations are not being generated by the subject bi-directional amplifier (BDA) due to coupling (lack of sufficient isolation) between the input and output systems. This test will be conducted at time of installation and subsequent annual inspections. Site Plan Review No. 09-71 — National CORE Page 12 Resolution No. 10-2678 Planning Commission B. Annual Tests. When an in -building radio system is required, it shall be the building owner's responsibility to have all active components of the system, such as amplifiers and power supplies and backup batteries tested to a minimum of once every twelve (12) months. Amplifiers shall be tested to ensure that the gain is the same as it was upon initial installation and acceptance. Backup batteries and power supplies shall be tested under load of a period of one hour to verify that they will properly operate during an actual power outage. If within the one hour test period, and in the opinion of the testing technician, the battery exhibits symptoms of failure, the test shall be extended for additional one hour periods until the integrity of the battery can be determined. All other active components shall be checked to determine that they are operating within the manufacturers specifications for the intended purpose. C. Five (5) Year Tests. In addition to the annual test, it shall be the building owner's responsibility to perform a radio coverage test a minimum of once every five (5) years to ensure that the radio system continues to meet the requirements of the original acceptance test. D. Qualifications of Testing Personnel. Personnel conducting radio system tests shall be qualified to perform the work. All tests shall be conducted, documented and signed by a person in possession of a current FCC license, or a current technician certification issued by the Associated Public -Safety Communications Officials International (APCO) or the Personal Communications Industry Association (PCIA). All test records shall be retained on the inspected premises by the building owner and a copy submitted to the Fire Department Officials. 56. Field Testing Police and Fire Personnel, after providing reasonable notice to the owner or his or her representative, shall have the right to enter onto the property to conduct field testing to be certain that the required level of radio coverage is present. 57. Requirement for Fire Safety murine Construction of Certain Wood Frame Buildings A. The provisions of this chapter shall apply only to activities occurring during the construction of certain wood frame buildings as specified herein. Nothing contained in this chapter shall be construed to alter such building occupancy standards or fire protection measures for wood frame or other construction methods as may otherwise be set forth in this code. No person shall engage in any aspect of construction on a large or major wood frame building project, or permit or authorize any such construction to occur, except in full compliance with this chapter. Site Plan Review No. 09-71 — National CORE Page 13 Resolution No. 10-2678 Planning Commission The property owner, as identified on the application for a building permit for a large or major wood frame building project, shall be liable for full compliance with this chapter. B. The Fire Chief or responsible fire code official and the Chief Building Official are authorized to, from time to time, as necessary to implement this chapter, issue, review and revise administrative regulations to implement the provisions of this chapter, including but not limited to regulations concerning the required content of construction fire protection plans and the manner in which fire safety officer duties are to be performed. C. The definitions contained in this part shall govern the interpretation of this chapter. Where terms are not specifically defined in this chapter, the definitions contained in Title 24 of this code shall control. 58. Building Height. "Building height" for the purpose of this chapter only, shall mean the vertical distance above a reference datum, measured to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields the greatest height of building: (1) The elevation of the highest natural ground surface within a five-foot (5) horizontal distance of the exterior wall of the building when the highest such natural ground surface is not more than ten feet (10) above the lowest grade; or (2) An elevation ten feet (10') higher than the lowest grade when the natural ground surface described in subsection (1) is more than ten feet (10') above the lowest grade. 59. Construction Fire Protection Plan. "Construction fire protection plan" means a document which specifies measures and practices to be incorporated into the construction process to minimize the potential for the occurrence and spread of fires, and to facilitate firefighting efforts during building construction. 60. Exposed Wood Framing. "Exposed wood framing" means the area of a large or major wood frame building project that is enclosed, in whole or in part, by wood stud framing and decking of the floor or roof above. Attics not designated for occupancy, balconies open to the sky and other similar open space are not included in this square footage calculation. For the purpose of measuring total square footage of wood framing, any adjacent ongoing wood frame construction is considered to be within the project when adjacent structures are separated by less than sixty feet (60) of open air. 61. Fire Safety Officer._ "Fire safety officer" means an individual employed on a construction job site whose job function is to minimize the potential for the occurrence and spread of fires in accordance with the requirements of this chapter and the approved construction fire protection plan. The duties of a fire safety officer shall be in addition to, and do not supersede, the duties of any contractor or individual engaging in activities which have the potential to cause the occurrence or spread of fire, including but not limited to the duties specified in Chapter 26 of the 2007 California Fire Code, as adopted in this code. Site Plan Review No. 09-71 — National CORE Page 14 Resolution No. 10-2678 Planning Commission 62. Hot Work. "Hot work" means construction activities including, but not limited to, cutting, welding, use of open torch, brazing, and glass blowing, which are regulated by Chapter 26 of the 2007 California Fire Code, as adopted in this code. 63. Large Wood Frame Building Project. "Large wood frame building project" means a building project utilizing exposed wood framing in the construction of fifteen or more attached dwelling units, or construction exceeding a total of fifty thousand (50,000) square feet. 64. Major Wood Frame Building Project. "Major wood frame building project" is large wood frame building project which will either: A. Exceed two hundred fifty thousand (250,000) square feet; or B. Exceed two hundred thousand (200,000) square feet if the project exceeds fifty feet (50') in height 65. Maximum Allowable Exposed Wood Framing Limit. "Maximum allowable exposed wood framing limit" means: A. Two hundred fifty thousand (250,000) square feet; or B. Two hundred thousand (200,000) square feet for a large wood frame building project which exceeds fifty feet (50) in height. 66. Mitigating Fire Protection Barriers. "Mitigating fire protection barrier" means at least one (1) layer of five -eighths -inch (5/8") gypsum board or other fire resistive blocking located at the end of a fire resistive area or separation wall or party wall, and installed such that the mitigating fire protection barrier(s) and fire resistive wall(s) enclose area(s) of not less than ten thousand (10,000) square feet and not more than fifty thousand (50,000) square feet. 67. Specific Requirements. A. No building permit shall be issued which allows the commencement of wood frame construction on a large or major wood frame building project, unless the Fire Chief or responsible Fire Code Official has provided written approval of a construction fire protection plan for the project. B. Construction fire protection plans for a large or major wood frame building project shall state how the requirements of this ordinance and all other fire safety requirements shall be met during construction of the project. Construction fire protection plans for major wood frame building projects shall, in addition, state how off -hours security will be addressed, and how construction sequencing, Site Plan Review No. 09-71 — National CORE Page 15 Resolution No. 10-2678 Planning Commission including the installation of mitigating fire protection barriers, will be utilized to minimize the potential for the occurrence and spread of fire. C. No person shall engage in, permit, authorize or allow any aspect of construction on any project for which a construction fire protection plan has been approved unless the Fire Chief or responsible Fire Code Official has provided written approval of a fire protection plan for the project. D. No person shall engage in, permit, authorize or allow any aspect of construction on any project for which a construction fire protection plan has been approved except in full compliance with the approved construction fire protection plan for the project. E. The approved construction fire protection plan shall be a condition of the building permit and a copy of the plan shall be maintained on site at all times during construction of the project. Fire Safe Officer Requirements. A. No person shall perform, permit, authorize or allow any hot work on any large or major wood frame building project, after wood framing has commenced, unless a Fire Safety Officer is present on the project site at all times while hot work is being performed. B. A Fire Safety Officer shall monitor, confirm and document the following: 1. That a fire watch as required by Chapter 14 of the 2007 California Fire Code, as adopted in this code; 2. That storage, use and handling of flammable liquids conforms to all Federal, State and local, legal and administrative requirements; 3. That construction debris is promptly removed from the project site; 4. That fire protection equipment, including fire extinguishers, fire hydrants, standpipes, and other fire service connections, are in place and operational, as required by law or specified in the approved construction fire protection plan; 5. That mitigating fire protection barriers are in place on any major wood frame building project, in accordance with this ordinance and the construction sequencing requirements of the approved construction fire protection plan; Site Plan Review No. 09-71 — National CORE Page 16 Resolution No. 10-2678 Planning Commission 6. That such other requirements relating to fire safety have been met, as may be specified in this code, in the regulations adopted pursuant to this chapter, or in the approved construction fire protection plan. Basic Fire Protection Facilities. A. No person shall commence, permit, authorize or allow wood framing or engage in any construction activity after the commencement of wood frame construction on a large or major wood frame building project, unless an all- weather access road is in place, meeting the requirements of Section 1410 of the 2007 California Fire Code, or such other fire apparatus access requirements as may be specified in the construction fire protection plan for the project, or in any development or building permit for the project, are in place and functional. B. No person shall commence, permit, authorize or allow wood framing or engage in, permit, authorize or allow any construction activity after the commencement of wood frame construction on a large or major wood frame building project, unless all fire protection equipment, including fire extinguishers, fire hydrants, standpipes and other fire service connections, are in place and operational, as required by law or specified in the approved construction fire protection plan. Mitigatinc; Fire Protection Barriers. No person shall continue, permit, authorize or allow any construction activity on any major wood frame building project, unless mitigating fire protection barriers are in place and operational, in accordance with the approved construction fire protection plan, to maintain the project at or below the applicable maximum allowable exposed wood framing limit. Site Plan Review No. 09-71 — National CORE Page 17 Resolution No. 10-2678 Planning Commission Attachment A Storm Water Pollution Control Requirements for Construction Activities Minimum Water Quality Protection Requirements for All Development Construction Projects/Certification Statement The following is intended as an attachment for construction and grading plans and represent the minimum standards of good housekeeping which must be implemented on all construction sites regardless of size. ❑ Eroded sediments and other pollutants must be retained on site and may not be transported from the site via sheetflow, swales, area drains, natural drainage courses or wind. ❑ Stockpiles of earth and other construction related materials must be protected from being transported from the site by the forces of wind or water. ❑ Fuels, oils, solvents and other toxic materials must be stored in accordance with their listing and are not to contaminate the soil and surface waters. All approved storage containers are to be protected from the weather. Spills must be cleaned up immediately and disposed of in a proper manner. Spills may not be washed into the drainage system. ❑ Non -storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project site. ❑ Excess or waste concrete may not be washed into the public way or any other drainage system. Provisions shall be made to retain concrete wastes on site until they can be disposed of as solid waste. ❑ Trash and construction related solid wastes must be deposited into a covered receptacle to prevent contamination of rainwater and dispersal by wind. ❑ Sediments and other materials may not be tracked from the site by vehicle traffic. The construction entrance roadways must be stabilized so as to inhibit sediments from being deposited into the public way. Accidental depositions must be swept up immediately and may not be washed down by rain or other means. ❑ Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to inhibit erosion by wind and water. ❑ Other As the project owner or authorized agent of the owner, I have read and understand the requirements listed above, necessary to control storm water pollution from sediments, erosion, and construction materials, and I certify that I will comply with these requirements. Project Name: Project Address: Print Name Signature (Owner or authorized agent of the owner) Date (Owner or authorized agent of the owner) Site Plan Review No. 09-71 — National CORE Page 18